The ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951
odisha · 1952
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- S. 1Omitted vide O
- S. 2Inserted vide Odisha Act No
- S. 3Section 3 defines key terms used in the Odisha Hindu Religious Endowments Act, 1951, including Assistant Commissioner, Commissioner, Collector, Hereditary Trustee, Math, and non-Hereditary Trustee.
- S. 4Section 4 authorizes the Assistant Commissioner to appoint non-hereditary trustees for religious institutions, excluding mathas, with State Government approval.
- S. 5Section 5 ensures authorities can act on religious institutions without formal proceedings if they determine the institution qualifies.
- S. 6Section 6 outlines the careful process for granting permission for the alienation of lands belonging to public religious endowments, emphasizing the Commissioner's role in ensuring transfers benefit the religious institution.
- S. 7Section 7 outlines the criteria for proving hereditary trusteeship in Hindu religious endowments in Odisha.
- S. 8Section 8 distinguishes between de-jure and de-facto trustees in Hindu religious endowments, defining their roles and liabilities.
- S. 9Section 9 determines that public usage and acceptance are key factors in establishing a deity's status as public.
- S. 10R
- S. 11Section 11 of the Odisha Hindu Religious Endowments Act, 1951, places the burden of proof on the plaintiff to establish the mahanta's ownership of sold properties.
- S. 12Section 12 of the Odisha Hindu Religious Endowments Act, 1951, regulates the registration of documents for transfers of endowment properties, requiring prior sanction from the Commissioner.
- S. 13Section 13 determines if temples run by registered societies can be public temples, not just for society members.
- S. 14Section 14 mandates trustees to manage religious institution funds prudently and prohibits using them for personal legal costs unless permitted.
- S. 15Section 15 mandates the preparation and maintenance of a detailed register for every religious institution, listing trustees, endowments, administration, and assets.
- S. 16Section 16 mandates annual verification and updating of the endowments register by trustees or agents, with Commissioner approval.
- S. 17Trustee to furnish accounts, returns, etc
- S. 18Section 18 allows inspectors to review religious institution property and documents, and regulates leases of trust property to five years.
- S. 19Section 19 allows appeals to the State Government against Commissioner's orders on property alienation.
- S. 20Section 20 allows a trustee to spend endowment funds on pilgrims' and worshippers' health, safety, and convenience after meeting the institution's primary purposes.
- S. 21Section 21 allows trustees to enforce service or charity payments from property holders and outlines appeal processes against Assistant Commissioner orders.
- S. 22Section 22 grants the Math or Temple trustee authority over specific endowment trustees to ensure services or charities comply with his orders.
- S. 23—
- S. 24Section 24 allows resumption and re-grant of inams for charity or temple services if they are alienated or not performed.
- S. 25—
- S. 26Section 26 governs religious institutions other than specific endowments and their attached properties under the Odisha Hindu Religious Endowments Act, 1951.
- S. 27The Assistant Commissioner can appoint non-hereditary trustees with State Government approval when no hereditary trustees exist.
- S. 28Section 28 allows appeals to the Commissioner and High Court against specific orders of the Assistant Commissioner.
- S. 30Section 30 states that the next heir in line automatically succeeds to the hereditary trustee position when it becomes vacant.
- S. 31Section 31 of the Odisha Hindu Religious Endowments Act, 1951 governs the appointment of office-holders and servants in religious institutions, outlining procedures for filling vacancies and resolving disputes.
- S. 32Section 32 empowers trustees to fine, suspend, or dismiss religious institution officials for misconduct, with penalties paid to the Endowment Fund.
- S. 33Section 33 restricts temple office-holders and servants from possessing temple jewels or valuables except under conditions set by the Commissioner.
- S. 34Section 34 outlines the process for Trustees to propose and approve expenditure scales for religious institutions.
- S. 35Section 35 disqualifies hereditary Trustees of a Math for various reasons including mental incapacity, moral offenses, and breach of trust.
- S. 36Section 36 of the Odisha Hindu Religious Endowments Act, 1951 outlines the Commissioner's authority to fill vacancies in Math Trustee offices and manage disputes until a resolution is reached.
- S. 37Section 37 allows trustees to propose expenditure scales for religious institutions and invites public suggestions.
- S. 38—
- S. 39Section 39 outlines the process for appointing successors by hereditary Trustees and the role of the Commissioner in succession matters.
- S. 40—
- S. 41Section 41 grants the Assistant Commissioner authority to resolve disputes regarding religious institutions, endowments, and trusteeship.
- S. 42Section 42 empowers officials to frame schemes for the administration of religious institutions, especially when deemed necessary for proper management.
- S. 43Section 43 allows the Assistant Commissioner to redirect surplus funds from religious institutions to educational or charitable purposes if the original purpose is no longer feasible.
- S. 44Section 44 allows aggrieved parties to appeal certain orders to the Commissioner within 30 days.
- S. 45—
- S. 52Section 52 appoints a Hindu salaried Executive Officer for institutions under state control, with salary paid from religious institution funds.
- S. 53Section 53 outlines the term and duties of the Executive Officer under the Odisha Hindu Religious Endowments Act, 1951.
- S. 54The Commissioner can suspend, remove, or dismiss the Executive Officer for good and sufficient reasons.
- S. 55Section 55 directs the Executive Officer to propose a standard expenditure scale for the institution's various objects and ceremonies.
- S. 56Section 56 outlines the supervisory and control roles of the Collector, Assistant Commissioner, and Endowment Commissioner over the Executive Officer.
- S. 57Section 57 mandates trustees to submit annual budgets to the Assistant Commissioner for religious institutions' upcoming financial year.
- S. 58Section 58 mandates trustees to maintain accounts and audit them annually or alternatively, as directed by the Commissioner.
- S. 59Section 59 mandates the auditor to submit the audit report to the Commissioner and a copy to the Assistant Commissioner.
- S. 60Section 60 mandates the auditor to detail any irregularities, illegalities, or misconduct in the financial management of the Hindu religious endowments in Odisha.
- S. 61Section 61 mandates the Commissioner to notify Trustees of audit findings and requires them to correct identified issues and report back to the Assistant Commissioner.
- S. 62Section 62 establishes the Odisha Hindu Religious Endowments Administration Fund to be managed by the administration.
- S. 65Section 65 outlines the assessment, objection process, and recovery of contributions and expenses for Odisha Hindu religious endowments.
- S. 66Section 66 prohibits the Commissioner from levying contributions for more than six years before the notice of assessment year.
- S. 67Section 67 mandates public officers to provide copies or extracts of relevant documents related to religious institutions.
- S. 68Section 68 directs the Assistant Commissioner to ensure possession of religious endowments to appointed trustees or officers, using necessary force if needed.
- S. 69Section 69 outlines the court's notice and cost procedures for lawsuits involving temple or religious endowment properties.
- S. 70Section 70 penalizes trustees for non-compliance with administrative and reporting requirements of religious institutions.
- S. 71Section 71 specifies court fees for documents and preserves established religious customs and rights under Article 26 of the Constitution.
- S. 73Section 73 prohibits legal proceedings in courts regarding religious institution administration unless under this Act.
- S. 75Notifications, orders, etc
- S. 76Section 76 grants the State Government authority to create rules for implementing the Odisha Hindu Religious Endowments Act, 1951.
- S. 77Section 77 allows the Commissioner to provide certified copies of records on payment of fees.
- S. 78Section 78 transfers pending suits under the 1939 Act to Sub-ordinate Judges' Courts upon the 1951 Act's commencement.
- S. 79Section 79 repeals the 1939 Act and ensures continuity of its rules, proceedings, and costs under the 1951 Act.
- S. 80Section 80 allows the State Government to issue orders to resolve any difficulties in implementing the Act's provisions.
- S. 565Section 565 determines whether an institution is a matha or temple, and outlines duties of authorities and distinctions between private and public trusts.
- S. 1955Though the deity being a public one duly managed by a Trust Board